XXXX JuvenileversusThe State of Bihar

    IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL REVISION No.904 of 2025
   Arising Out of PS. Case No.-185 Year-2024 Thana- MEHANDIGANJ District- Patna
======================================================
XXXX Juvenile Natural Guardian S/o- Md. Dhamin @ Guddu @ Md.
Shamim Khan S/o- Md. Aslam, R/o- Mohalla- Chik Toli PS-Chow Dist-
Patna
                                                   ... ... Petitioner/s
                             Versus
The State of Bihar
                                                ... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s   :        Mr.Rajeev Kumar
For the Respondent/s   :        Mr.Md. Nazir Ansari
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL JUDGMENT
 Date : 10-06-2026

            Heard the parties.

            2. The present application is being preferred against

 the order dated 11.07.2025 passed by learned Spl. Children

 Court- cum- District and Addl. Sessions Judge 1 st Patna, in

 connection with Mehdiganj P.S. Case No. 185 of 2024 for

 the offences punishable under Sections 309(4), 310(2) of

 BNS by which the learned Court has refused to enlarge the

 petitioner on bail.

            3. The Child in conflict with law (for short

 ‘CICL’)/petitioner, aged about 16 years 11 month on the

 alleged date of occurrence, is not named in F.I.R. and is in

 observation home since 15.01.2025.
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                     4. As per FIR, six unknown miscreants entered

         forcefully in the house of the informant and after confining

         the informant and his daughter-in-law in a room looted the

         household articles, jewelries along with cash of Rs. 1.5

         Lakhs.

                     5. Learned counsel appearing on behalf of the

         CICL/petitioner submitted that petitioner/CICL was not

         named in the FIR, and his                       name surfaced during

         investigation on the basis of confessional statement of co-

         accused Md. Chand @ Maya Bhai who has already granted

         regular bail by this Court through Cr. Misc. No. 36432 of

         2025 dated 09.10.2025 It is pointed out that admittedly

         recovery was not made from the possession of this petitioner

         and he is also a man of clean antecedent. It is further

         pointed out that the Social Investigation Report, no where

         reveals that CICL may not improve him in future as to join

         the main stream of civilized society, therefore, there is no

         harm to release the juvenile under the supervision and care

         of his father, who is ready to extend his care and love to the

         petitioner.
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                     6. Learned APP opposed the prayer for bail.

                     7. Having regard to the submissions and materials

         showing that the CICL/petitioner has been adjudged juvenile

         aged about 16 years 11 month on the alleged date of

         occurrence, and also as CICL/petitioner has remained in the

         Observation Home since 15.01.2025 and his father is ready

         to stand as a surety and furnish an undertaking that if

         released on bail he will take care of the CICL/petitioner and

         shall ensure that he does not fall in bad company and, in

         case, the petitioner indulges in any unlawful act, he will

         inform it to the jurisdictional police station as also following

         the spirit of section 12 of the Juvenile Justice (Care and

         Protection of Children) Act, 2015 and in view of the

         exceptions carved out by the Hon’ble Division Bench of this

         Court in the case of Lalu Kumar and Ors. Vs. The State

         of Bihar reported in 2019 (4) PLJR 833 that classification

         of the offences under the bailable and non-bailable sections

         would not be relevant for the purpose of grant of bail to a

         juvenile and the prayer for bail of a juvenile may be rejected

         only under one of the three conditions, which are as under:-
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                            “(i) The release is likely to bring that person into
                            association with any known criminal;
                            (ii) The release is likely to expose the said person
                            to moral or physiological danger; and
                            (iii) The release would defeat the ends of justice.”
                     8. Having regard to the submissions made by the

         parties and taking into consideration the materials on record

         as well as the period of incarceration of the petitioner/CICL

         and in the best interest of CICL, this Court is of the

         considered view that the impugned order passed by the court

         below is not in consonance with the aims and objectives of

         the Act. Even social investigation report suggest scope of

         reform and nothing adverse was noticed against him.

                      9.     In     view      of    the    aforesaid   facts   and

          circumstances, as petitioner/CICL was found 16 years 11

          month on the date of occurrence, coupled with the fact that

          charge-sheet has already been submitted, where Social

          Investigation           Report     (SIR)       nowhere   suggest     that

          CICL/petitioner cannot be reformed in future as to join the

          main stream of society, accordingly, the order dated

          11.07.2025 passed by learned Spl. Children Court- cum-

          District and Addl. Sessions Judge 1st Patna, in connection
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                       with Mehdiganj P.S. Case No. 185 of 2024 is hereby set

                       aside.

                                   10.The criminal revision application stands allowed.

                                   11. Let the CICL-petitioner, named-above, be

                       released on bail on furnishing bail bond of Rs. 25,000/-

                       (Rupees Twenty-five Thousand only) with two sureties of

                       the like amount each to the satisfaction of learned Spl.

                       Children Court- cum- District and Addl. Sessions Judge 1 st

                       Patna, in connection with Mehdiganj P.S. Case No. 185 of

                       2024 on the following conditions:-

                                         (i) That one of the sureties should be the
                                         father of the CICL/petitioner; and
                                         (ii) That the father of the CICL/petitioner shall
                                         file an affidavit before the learned Juvenile
                                         Justice Board, Patna, giving specific
                                         undertaking that after release of the
                                         CICL/petitioner on bail, he will take proper
                                         care of the petitioner and will not allow him to
                                         fall into bad company.




                                                                      (Chandra Shekhar Jha, J)
Sudha/-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          10.06.2026
Transmission Date       10.06.2026